ISLAMABAD, May 05 (Alliance News): The Supreme Court’s constitutional bench on Monday reserved its verdict on the intra-court appeals challenging its earlier decision that barred the trial of civilians in military courts.
A short order is expected later this week, according to Justice Aminuddin Khan, who heads the seven-member bench.
The appeals concern the legality of trying civilians under the Pakistan Army Act for their alleged involvement in the May 9, 2023, riots following the arrest of former Prime Minister Imran Khan.
During Monday’s hearing, Attorney General Mansoor Usman Awan told the court that the attacks on 39 military installations across Punjab, Khyber Pakhtunkhwa, and Sindh between 3pm and 7pm on May 9 were part of an “organised plan.”
He emphasized that national security concerns justify strict measures, stating, “Our country is not ordinary; its geography places it under constant threat.” The AGP also revealed that three senior military officers, including a lieutenant general, had been dismissed without benefits due to negligence in failing to prevent the attack on Lahore’s Jinnah House.
While Justice Jamal Mandokhail questioned why no criminal proceedings were initiated against the officers, the AGP clarified that disciplinary action was taken as no criminal offence had been committed.
Justice Mandokhail countered, asserting that under military law, criminal punishment should accompany departmental action.
The legal dispute dates back to the Supreme Court’s unanimous October 23, 2023, verdict by a five-member bench, which declared such military trials of civilians unconstitutional. The government then filed 57 intra-court appeals against that ruling.
The bench hearing the appeals was formed under the 26th Constitutional Amendment and resumed proceedings in December 2024.
During the hearings, the bench conditionally allowed military courts to announce verdicts in 85 cases related to the May 9 riots. Sentences ranged from two to ten years of rigorous imprisonment. So far, 39 suspects have been released, including 19 who were granted clemency on humanitarian grounds, while 66 remain incarcerated.
Throughout the proceedings, several Supreme Court justices indicated that military trials of civilians were not inherently unlawful if the accused had committed offences outlined in the Army Act. Justices also stated that such trials are not prohibited under international law.
